Fairlie & Lippy Wins DNA Testing For Convicted Murderer

Filed under: Criminal Law, Death Penalty Cases, Fairlie & Lippy News, News Tags: by Steven F. Fairlie @ January 13, 2011

The Pennsylvania Superior Court has reversed an Order of the Montgomery County Court of Common Pleas that rejected Robert Conway’s attempt to test evidence from his 1987 Murder Conviction for DNA. Steven Fairlie, along with Craig Cooley of the Innonence Project, represented Mr. Conway in a Petition for post-conviction DNA testing of certain evidence from the case. The Montgomery County District Attorney objected to the testing, arguing that it would not prove Mr. Conway’s innocence. The defense argued that testing might show a redundant positive result which could match a known perpetrator in Pennsylvania’a sex offender database. If papertowels, clothing, and other items at the scene have the DNA of a known sex offender on them, then this evidence would clearly warrant a new trial. The Superior Court ruled that such evidence should be tested to ensure that an innocent man is not held for a crime that he did not commit. There was a substantial amount of evidence left by the perpetrator in this crime, including panties removed from the body, paper towels ostensibly used to dry hands after washing off blood, material which the perpetrator used to bind the victim’s hands, etc. None of that evidence was ever tested for DNA. The District Attorney now has to decide whether to appeal the Superior Court ruling. If the ruling is not appealed the evidence will be submitted to an approved lab for DNA testing.

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